Daniel Penny manslaughter charge dismissed as jury breaks for weekend

mitchell76

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Daniel Penny is a model citizen who should be praised by the city of New York. He is a breed of young men who are becoming less and less common. He puts his own safety at risk to help others. He didn't cower or pull out his phone to film when Jordan Neely started threatening to k*ll people. Instead, he took it upon himself to protect subway passengers. He was praised by the passengers on the train but was ridiculed by the city of New York. He is the citizen that every mayor of every city should want more of. He is the person you hope is around if your loved ones' lives are being threatened. Anyone who is quiet about this injustice lacks moral clarity and should take a long look in the mirror. Daniel Penny is a hero.
 

mitchell76

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Daniel Penny Trial Erupts in Controversy Over Dismissal of 'Manslaughter' Charge, Lawyers Call for 'Mistrial' A Manhattan judge has dismissed the manslaughter count against Daniel Penny, who was accused in the choking death of a mentally ill subway passenger. However, the jury will return next week to render a verdict on a lesser charge. The jury will now consider the lesser charge of criminally negligent homicide, which carries a lighter maximum sentence of four years compared to 15 years for manslaughter. After nearly three days of deliberations, jurors informed Manhattan Judge Maxwell T. Wiley twice on Friday that they could not reach a unanimous verdict on Daniel Penny's second-degree manslaughter charge. In response to the first note, Justice Wiley read an "Allen charge," urging the panel to reconsider differing opinions and continue deliberating. Despite this, the jurors sent another note three hours later, maintaining their deadlock. "It would be a crazy result to have a hung jury just because they can't move on to the second count?" prosecutor Dafna Yoran said. The D.A. and judge then legally maneuvered to have the manslaughter charge dismissed to clear the way for the lesser charge to be considered. Penny's lawyer, Kenniff, unsuccessfully asked for mistrial twice, adding that the Allen Charge would be "coercive." Daniel Penny's lawyers are crying foul over the manner that the court handled the jury's communications and are calling for a mistrial. All of this to prosecute a hero for trying to protect a fellow American. Our criminal justice system is a disgrace.
 

mitchell76

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You can’t make this up: Dafna Yoran is the Manhattan prosecutor currently throwing the book at Daniel Penny. In 2019, she gave a reduced sentence to a black man who murdered an asian college professor as he was withdrawing cash from an ATM. She said that it was under the guise of “restorative justice” and ended up giving him 10 years for manslaughter after he was originally charged with murder. Now she’s attempting to imprison an innocent man who protected a group of people on the subway.
 

farquhar

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After nearly three days of deliberations, jurors informed Manhattan Judge Maxwell T. Wiley twice on Friday that they could not reach a unanimous verdict on Daniel Penny's second-degree manslaughter charge. In response to the first note, Justice Wiley read an "Allen charge," urging the panel to reconsider differing opinions and continue deliberating. Despite this, the jurors sent another note three hours later, maintaining their deadlock. "It would be a crazy result to have a hung jury just because they can't move on to the second count?" prosecutor Dafna Yoran said. The D.A. and judge then legally maneuvered to have the manslaughter charge dismissed to clear the way for the lesser charge to be considered. Penny's lawyer, Kenniff, unsuccessfully asked for mistrial twice, adding that the Allen Charge would be "coercive." Daniel Penny's lawyers are crying foul over the manner that the court handled the jury's communications and are calling for a mistrial. All of this to prosecute a hero for trying to protect a fellow American. Our criminal justice system is a disgrace.
This is a key point. Under New York law, Penny can be found Guilty of Second-Degree Manslaughter or Guilty of Criminally Negligent Homicide. Penny cannot be Guilty of both.

The Jury cannot deliberate the charge of Criminally Negligent Homicide if they cannot reach a verdict of Guilty or Not Guilty on the Charge of Second-Degree Manslaughter.

By dismissing the charge of Second-Degree Manslaughter at the request of Yoran, it can be argued that the Judge is "suggesting" to the Jury that they "might" be able to find Penny Guilty of Criminally Negligent Homicide, which is not what the Judge is supposed to do.
 
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